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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 61796
Experience:  Qualified Employment Solicitor
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I have a query about zero hours contracts, it hasnt been

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Hi I have a query about zero hours contracts
JA: Was the zero hours contract issue discussed with a manager or HR? Or with a lawyer?
Customer: it hasnt been discussed with anyone
JA: Does the workplace operate with employees, freelancers, consultants, contractors or with unionised employees?
Customer: I work at a university and I am employed as a staff member but the university also employs associate lecturers on hourly contracts
JA: Anything else you want the Lawyer to know before I connect you?
Customer: Our HR department claim that for each hour that an associate lecturer is employed there is an unspecified additional number of hours 'wrapped up' in that hour of pay to cover addition al and unspecified work load is that legal?

Hello, I’m Ben, a UK lawyer and will be dealing with your case today. I may also need to ask some questions to determine the legal position.

Customer: replied 10 days ago.
ok

Is this in your contract? Please upload a copy so that I may take a look at the relevant clause/s

Also, how long have you worked there for?

Customer: replied 10 days ago.
its not my contract as I say above I am employed as a staff member
Customer: replied 10 days ago.
this is a general query to find out if they are legally allowed to do what I describe

Thank you. I will get back to you with my answer as soon as I can, which will be at some point today. The system will notify you when this happens. Please do not reply in the meantime as this may unnecessarily delay my response. Many thanks.

Many thanks for your patience. It is entirely legal for the practice you have described to happen. Just because someone is paid for an hour, does not mean they can only be expected to work that hour and it is possible to be asked to work additional time if needed. Same applies for people who are on a salary and fixed hours - they can have a clause which says they could be asked to come in and work unpaid overtime if required. The main legal protection is that a worker cannot be paid less than the minimum wage considering the time they have worked. So if someone only gets the minimum wage per hour and they are asked to work extra hours unpaid, they will go below the minimum rate on average. Whereas someone who gets more than the minimum wage could still be asked to work extra hours unpaid and still receive above the minimum rate on average, which will all be legal, as long as it is allowable under contract.

 

Does this answer your query?

Customer: replied 9 days ago.
Over what period of time would the averaging be applied?

the payment period, so if they are paid monthly it would be that month to which the payment applies. Does this clarify things a bit more for you?

Customer: replied 9 days ago.
Yes that is very helpful
Customer: replied 9 days ago.
Thank you

All the best

 

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